53Person may make final request to PMP

53 Person may make final request to PMP

(1)  If a person’s CMP has determined under section 47(a) that the person is eligible to access voluntary assisted dying, the person may make a final request to the person’s PMP to determine whether the person is eligible to access voluntary assisted dying (a final request).

(2)  A person must not make a final request to the person’s PMP within 48 hours of the person having made a second request to the PMP under section 30(1) unless, in the opinion of the PMP –

(a) the person is likely to die within 7 days; or

(b) the person is likely to cease to have decision-making capacity within 48 hours.

(3)  A final request by a person is an instrument in writing, in an approved form, completed, and signed, by –

(a) the person; or

(b) if the person is unable to complete or sign the instrument – an adult designated by the person to complete or sign, or to complete and sign, the instrument on the person’s behalf.

(4)  A person may not designate under subsection (3)(b) the person’s PMP or CMP to complete or sign, or complete and sign, a final request on the person’s behalf.

(5)  A person’s PMP who receives a final request under subsection (1) from the person must, as soon as reasonably practicable, but in any case within 7 days, give to the Commission a copy of the final request.